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Consumer Law
Violation of Proposition 65

CEH v. PDX Aromatics LLC, et al.

Published: Jul. 2, 2021 | Result Date: May 21, 2021 | Filing Date: Mar. 25, 2021 |

Case number: CGC-21-590599 Arbitration –  $50,000

Judge

Samuel K. Feng

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Ryan B. Berghoff
(Lexington Law Group)

Howard Hirsch
(Lexington Law Group)


Defendant

Todd A. Harrison
(Venable LLP)


Facts

Center for Environmental Health filed a public interest suit against PDX Aromatics LLC regarding alleged lead chemicals in its products, seeking injunctive relief and penalties.

Contentions

PLAINTIFF CONTENTIONS: Plaintiff contended that Defendant knowingly exposed California consumers to lead chemicals in its products without first providing clear and reasonable warnings, in violation of Proposition 65.

DEFENDANT CONTENTIONS: Defendant denied all material allegations.

Result

The case settled for $50,0000 ($6,730 in non-contingent civil penalty; $38,226 in attorneys fees/costs; and $5,045 in lieu of penalty). Defendant was also enjoined from selling products to California consumers that exceed lead levels unless it provides warnings.


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